The ITA acknowledges the CAS ADD decision regarding canoe athlete Dorota Borowska

Earlier today, CAS ADD issued an operative award according to which Dorota Borowska proved that she bears “No Fault or Negligence” in relation to her anti-doping rule violation and, therefore, no period of ineligibility applies (article 10.5 of the ICF anti-doping rules and World Anti-Doping Code). The mandatory provisional suspension imposed against the athlete pursuant to the ICF anti-doping rules when the case was initially reported is lifted with immediate effect and the athlete is eligible to compete. Also, since the positive sample was collected out-of-competition and the athlete did not compete since, there are no results to disqualify.

Considering the expedited procedure conducted before CAS ADD, CAS ADD has not yet issued the reasons for its decision.

However, it can be said that, over the course of the proceedings, the athlete produced evidence that inadvertent contact with the prohibited substance, contained in a medication used to treat her dog’s injuries, led to her positive test and that considering the very low amounts of the drug absorbed by the athlete, she had not benefitted from any undue performance-enhancing effect. Upon review of the case file and scientific examination, the ITA accepted the athlete’s explanation, i.e. that this was a case of inadvertent contamination. However, the ITA, on behalf of ICF, believed that due to the principle of “strict liability”, the athlete’s level of fault did not warrant a finding of “No Fault or Negligence”.

The ITA will wait to receive the reasoned decision from the CAS ADD to consider whether or not to appeal the decision before the appeals division of the Court of Arbitration for Sport. There is no timeline as to when to expect the full decision from CAS ADD.

Pursuant to the ICF’s delegation of its anti-doping program to the ITA, this case is being handled entirely by the ITA.

The ITA will not comment further on this case.